This case was last updated from U.S. District Courts on 01/10/2022 at 07:26:22 (UTC).

GIBRIANO v. EISAI INC. et al

Case Summary

On November 11, 2021, Amy Gibriano (“Plaintiff”), on behalf of herself and all others similarly situated, represented by Andrew Joseph Obergfell of Bursor & Fisher PA, filed a class-action lawsuit against Eisai Inc. (“Eisai”) and Arena Pharmaceuticals, Inc. (“Arena”) (collectively, “Defendants”), seeking declaratory reliefs and damages along with prejudgement interests among other reliefs for the alleged breach of implied warranty by manufacturing and selling products that exposed the class to the risk of cancer. This case was filed in the United States District Court in the District of New Jersey.

 

In the complaint, the Plaintiff alleged that “This is a class action lawsuit regarding Defendant Eisai and Arena’s manufacturing and distribution of the weight loss medications Belviq® and Belviq XR (collectively “Belviq Medications” or the “Products”) that exposed unknowing users to a significantly elevated risk of cancer such that the United States Food and Drug Administration (“FDA”) required that the Products be withdrawn from the market because the risk of taking the medication outweighed its benefit.”

 

The Plaintiff further alleged that “Defendants withdrew the Products from the market and instructed users to stop taking the medications (because they are unmerchantable and not fit for use), Defendants have not refunded or provided restitution to Plaintiff or Class” and “Worse is that Defendants Eisai and Arena knew, from the early stages of research and development of these medications that they exposed users to high rates of cancer. Eisai and Arena nevertheless pushed the product to market and sold tens of millions of dollars, or more, of these defective medications to Plaintiff and Class members.”

 

The Plaintiff also alleged that “Patients like Ms. Gibriano and Class members who had previously paid substantial sums of money to purchase and use these medications suffered injury as a result of using the products. Without insurance coverage, a one-month supply of Belviq Medications costs approximately $300.00” and “The dangerous nature of these medications was known to their manufacturers, who knew about the cancer risk from the early stages of research and development of the medications, well before the products were brought to market. Nevertheless, Defendants Eisai and Arena pushed the products to market, minimizing and downplaying, and at times obfuscating the cancer risk”

 

There are three claims of relief laid down by the Plaintiff. The first claim is for the alleged breach of the implied warranty of merchantability. The second claim is for the alleged violation of New Jersey’s Consumer Fraud Act. The third claim is for alleged unjust enrichment.

 

In the prayer for relief, the Plaintiff requested the Court to certify this action as a class action and appoint the Plaintiff as the representative of the Class. Further, the Plaintiff requested the Court for declaratory reliefs and compensatory, statutory, and punitive damages along with prejudgement interest, an order of restitution and all other forms of equitable monetary relief, and an order awarding thePlaintiff and the Class and New Jersey Subclass their reasonable attorneys’ fees and expenses and costs of suit. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-19937

  • Filing Date:

    11/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Julien Xavier Neals

Referral Judge

Leda D. Wettre

 

Party Details

Plaintiff

AMY GIBRIANO

Defendants

EISAI INC.

ARENA PHARMACEUTICALS, INC.

Attorney/Law Firm Details

Plaintiff Attorney

ANDREW JOSEPH OBERGFELL

Attorney at BURSOR & FISHER PA

888 Seventh Avenue

New York, NY 10106

Defendant Attorneys

MICHAEL CHARLES ZOGBY

Attorney at Faegre Drinker Biddle & Reath LLP

600 Campus Drive

Florham Park, NJ 07932

KAITLYN E. STONE

Attorney at Faegre Drinker Biddle & Reath LLP

600 Campus Drive

Florham Park, NJ 07932-1047

BETH S. ROSE

Attorney at SILLS CUMMIS & GROSS P.C.

One Riverfront Plaza

Newark, NJ 07102-5400

VINCENT R. LODATO

Attorney at SILLS CUMMIS EPSTEIN & GROSS, PC

One Riverfront Plaza

Newark, NJ 07102

 

Court Documents

#12

(#12) ORDER ADMITTING MICHAEL D. SCHISSEL, ESQ. AND MOLLIE F. BENEDICT, ESQ. PRO HAC VICE. Signed by Magistrate Judge Leda D. Wettre on 1/4/2022. (ld, ) (Entered: 01/04/2022)

11 #8

Certificate of Service

11 #7

Text of Proposed Order

11 #6

Certification M. Benedict ISO PHV

11 #5

Certification M. Zogby ISO M. Benedict PHV

11 #4

Certificate of Service

11 #3

Text of Proposed Order

11 #2

Certification of M. Schissel ISO of PHV

11 #1

Certification M. Zogby ISO M. Schissel PHV

#10

(#10) ORDER granting Defendants Eisai Inc. ("Eisai") and Arena Pharmaceuticals, Inc. request for an extension of time to answer or otherwise move in response to Plaintiffs' complaint from December 8, 2021 (for Arena) and December 9, 2021 (for Eisai) to January 14, 2022. Signed by Magistrate Judge Leda D. Wettre on 12/7/2021. (ld, ) (Entered: 12/07/2021)

#9

(#9) NOTICE of Appearance by MICHAEL CHARLES ZOGBY on behalf of EISAI INC. (ZOGBY, MICHAEL) (Entered: 11/29/2021)

#8

(#8) NOTICE of Appearance by KAITLYN E. STONE on behalf of EISAI INC. (STONE, KAITLYN) (Entered: 11/29/2021)

#7

(#7) NOTICE of Appearance by VINCENT R. LODATO on behalf of ARENA PHARMACEUTICALS, INC. (LODATO, VINCENT) (Entered: 11/29/2021)

#6

(#6) NOTICE of Appearance by BETH S. ROSE on behalf of ARENA PHARMACEUTICALS, INC. (ROSE, BETH) (Entered: 11/29/2021)

#5

(#5) Application and Proposed Order for Clerk's Order to extend time to answer as to Eisai Inc.. Attorney MICHAEL CHARLES ZOGBY for EISAI INC. added. (ZOGBY, MICHAEL) (Entered: 11/29/2021)

#4

(#4) SUMMONS ISSUED as to ARENA PHARMACEUTICALS, INC., EISAI INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) (Entered: 11/12/2021)

#3

(#3) Request for Summons to be Issued by AMY GIBRIANO as to ARENA PHARMACEUTICALS, INC.. (OBERGFELL, ANDREW) (Entered: 11/11/2021)

#2

(#2) Request for Summons to be Issued by AMY GIBRIANO as to EISAI INC.. (OBERGFELL, ANDREW) (Entered: 11/11/2021)

12 More Documents Available
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Docket Entries

  • 01/04/2022
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  • Docket(#12) ORDER ADMITTING MICHAEL D. SCHISSEL, ESQ. AND MOLLIE F. BENEDICT, ESQ. PRO HAC VICE. Signed by Magistrate Judge Leda D. Wettre on 1/4/2022. (ld, ) (Entered: 01/04/2022)

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  • 01/04/2022
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  • Docket(#11) Letter from M. Zogby. (Attachments: #1 Certification M. Zogby ISO M. Schissel PHV, #2 Certification of M. Schissel ISO of PHV, #3 Text of Proposed Order, #4 Certificate of Service, #5 Certification M. Zogby ISO M. Benedict PHV, #6 Certification M. Benedict ISO PHV, #7 Text of Proposed Order, #8 Certificate of Service)(ZOGBY, MICHAEL) (Entered: 01/04/2022)

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  • 12/07/2021
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  • Docket(#10) ORDER granting Defendants Eisai Inc. ("Eisai") and Arena Pharmaceuticals, Inc. request for an extension of time to answer or otherwise move in response to Plaintiffs' complaint from December 8, 2021 (for Arena) and December 9, 2021 (for Eisai) to January 14, 2022. Signed by Magistrate Judge Leda D. Wettre on 12/7/2021. (ld, ) (Entered: 12/07/2021)

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  • 11/29/2021
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  • Docket(#9) NOTICE of Appearance by MICHAEL CHARLES ZOGBY on behalf of EISAI INC. (ZOGBY, MICHAEL) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#8) NOTICE of Appearance by KAITLYN E. STONE on behalf of EISAI INC. (STONE, KAITLYN) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#7) NOTICE of Appearance by VINCENT R. LODATO on behalf of ARENA PHARMACEUTICALS, INC. (LODATO, VINCENT) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#6) NOTICE of Appearance by BETH S. ROSE on behalf of ARENA PHARMACEUTICALS, INC. (ROSE, BETH) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#5) Application and Proposed Order for Clerk's Order to extend time to answer as to Eisai Inc.. Attorney MICHAEL CHARLES ZOGBY for EISAI INC. added. (ZOGBY, MICHAEL) (Entered: 11/29/2021)

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  • 11/12/2021
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  • Docket(#4) SUMMONS ISSUED as to ARENA PHARMACEUTICALS, INC., EISAI INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, ) (Entered: 11/12/2021)

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  • 11/12/2021
  • DocketCase assigned to Judge Julien Xavier Neals and Magistrate Judge Leda D. Wettre. (jr) (Entered: 11/12/2021)

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  • 11/11/2021
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  • Docket(#3) Request for Summons to be Issued by AMY GIBRIANO as to ARENA PHARMACEUTICALS, INC.. (OBERGFELL, ANDREW) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#2) Request for Summons to be Issued by AMY GIBRIANO as to EISAI INC.. (OBERGFELL, ANDREW) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#1) COMPLAINT against ARENA PHARMACEUTICALS, INC., EISAI INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12973245) with JURY DEMAND, filed by AMY GIBRIANO. (Attachments: #1 Exhibit 1 - Gibriano Demand Letter, #2 Civil Cover Sheet)(OBERGFELL, ANDREW) (Entered: 11/11/2021)

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